A trespass to try title action—sometimes known as an action to quiet title—is a lawsuit against a party who claims an interest in a piece of real property (land).
In a trespass to try title action, the plaintiff seeks to establish the plaintiff’s title (ownership interest) in the land by forcing the adverse claimant (the defendant) to establish or prove an interest in the land or be forever estopped (precluded) from asserting an interest in the land. The resolution of such a lawsuit is designed to settle or quiet a disputed claim to title or ownership of the land.
Laws regarding claims for trespass to try title vary from state to state and may be located in a state’s statutes or in its court opinions (common law or case law). The terms used for such a claim may also vary and in some states there may be a distinction between a trespass to try title claim and a quiet title claim—or a quiet title claim may be treated as an informal reference to a trespass to try title claim.
In Indiana, an action to quiet title, also known as a quiet title action, is the legal process used to resolve disputes over the ownership of real property and establish a party's title to the land. This type of lawsuit is brought by an individual who claims to have clear ownership and seeks a court judgment to resolve any challenges or claims by others that might cast doubt on that ownership. Indiana's approach to quiet title actions is governed by state statutes under Indiana Code Title 32. Property, specifically IC 32-30-3, as well as by case law. The purpose of a quiet title action in Indiana is to 'quiet' any competing claims or interests on the property, thereby providing the plaintiff with a clear and undisputed title. It is important for individuals involved in such disputes to consult with an attorney who is experienced in real estate law to navigate the complexities of these legal proceedings.